Do mineral rights transfer when property is divided?

UPDATED: Oct 1, 2022

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Do mineral rights transfer when property is divided?

I’m buying a home where during the title search there was a document from 117 years ago, stating that seller of 50 acre tract was keeping the mineral rights. The parcel has been divided into smaller parcels now. Does that document still stand or is it no longer valid because it is no longer the same parcel.

Asked on September 14, 2018 under Real Estate Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the seller kept the mineral rights, they stayed with the seller regardless of what happened subsequently to the parcel he sold: whether it was sold or inherited as is, or subdivided by sale or inheritance, the rights stayed with the seller and would not go to the successors in interest on the parcel that was sold without the rights. By now, presumably the seller is dead and he sold those rights, or they were inherited, etc., but they stayed with him to do with as he pleased.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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